Constitutional carry oops



Bed Wetter

Founding Member
Founding Member
Joined
Apr 25, 2015
Posts
7,108
Likes
469
Points
403
Location
Cold
Prior to the last legislative session, NDCC was poorly worded and indicated that NO ONE could carry a loaded firearm. If anyone were actually charged, the court would go back to legislative testimony and committee hearing reports to determine the intent of the law. They don't rely solely on the text of NDCC. Prosecution for having a loaded weapon in a vehicle could likely be overturned based on legislative intent, but I wouldn't want to be the guinea pig.

- - - Updated - - -

I just thought of something else: two sessions ago they changed the legal definition of "loaded"'to indicate that a round needs to be in the chamber. This means you CAN have a full mag in a semi-auto pistol but can't have one in the chamber. NEVER TRUST THE MEDIA TO EXPLAIN THE LAW.
 

Fritz the Cat

Founding Member
Founding Member
Joined
May 11, 2015
Posts
5,478
Likes
1,222
Points
558
In the story I believe Rep. Rick Becker means what he says that it was an oversight and it will be corrected next Legislative Session. During the creation of this Law, any citizen following along could have noticed this error and could have brought it forward during testimony or sent their Representative an email.
 

Bed Wetter

Founding Member
Founding Member
Joined
Apr 25, 2015
Posts
7,108
Likes
469
Points
403
Location
Cold
In the story I believe Rep. Rick Becker means what he says that it was an oversight and it will be corrected next Legislative Session. During the creation of this Law, any citizen following along could have noticed this error and could have brought it forward during testimony or sent their Representative an email.

I agree. Sometimes this happens when you have a legislative session constitutionally limited to 80 days. I like it that way but it has its pitfalls.
 


1bigfokker

Founding Member
Founding Member
Joined
May 15, 2015
Posts
1,344
Likes
399
Points
303
You would think at least one of them would have caught the mistake. Hope they don't read all legislation this thoroughly.
 

dean nelson

Founding Member
Founding Member
Joined
Jul 17, 2015
Posts
8,270
Likes
67
Points
308
Location
Bismarck
Always found it funny that the game and fish always states it's illegal to have a loaded gun in a vehicle yet it's legal to shoot varmints from a vehicle. Talk about one hell of a big ass loophole!
 

dean nelson

Founding Member
Founding Member
Joined
Jul 17, 2015
Posts
8,270
Likes
67
Points
308
Location
Bismarck
It is when deer hunters use it to get out of trying to poach a deer. Had a lawyer buddy in collage that used it to win one of his clients off saying he was shooting at a yote instead of the deer that the warden saw.
 

Stan's Dad

★★★★★ Legendary Member
Joined
May 8, 2017
Posts
828
Likes
37
Points
156
It is when deer hunters use it to get out of trying to poach a deer. Had a lawyer buddy in collage that used it to win one of his clients off saying he was shooting at a yote instead of the deer that the warden saw.

what did the collage look like?

- - - Updated - - -

download.jpg
i bet it was cats wasnt it
 


eyexer

Founding Member
Founding Member
Joined
Apr 20, 2015
Posts
13,742
Likes
736
Points
438
Location
williston
This is nuts. How the hell does something that important in a bill get missed. That's as much to the heart of the bill as being allowed to have it concealed in the car. amazing.
 


dean nelson

Founding Member
Founding Member
Joined
Jul 17, 2015
Posts
8,270
Likes
67
Points
308
Location
Bismarck
I wonder if the game and fish handicap permits would legally be enough so that the old guys are not in violation of this new law?
 

wby257

Founding Member
Founding Member
Joined
Jun 5, 2015
Posts
877
Likes
3
Points
161
It is when deer hunters use it to get out of trying to poach a deer. Had a lawyer buddy in collage that used it to win one of his clients off saying he was shooting at a yote instead of the deer that the warden saw.

I talked to a local warden yesterday abut this. And he said lawyer or no lawyer there getting a ticket. I told him about your post and what you said. He said there two side to every story. And during deer rifle season everyone is getting a ticket if they have a load gun in a vehicle.
 


Recent Posts

Friends of NDA

Top Posters of the Month

  • This month: 80
  • This month: 32
  • This month: 29
  • This month: 28
  • This month: 20
  • This month: 17
  • This month: 16
  • This month: 15
  • This month: 15
  • This month: 14
Top Bottom